76 Iowa 660 | Iowa | 1888
At the time Harding states he entered iñto the contract, in the statement filed claiming a lien, the Osceola Land Company had not then been formed, and was not then in existence, and therefore did not own the land, unless Harding held the legal title as trustee for such company, as possibly counsel for appellee contends. But it is difficult to see how a proposed corporation not yet formed can hold an equitable title to real estate. It is clear, therefore, that Harding could not have made a contract with or furnished materials under one made with such company. At the time it is claimed the contract was made, Harding owned the land, and he does not claim the lien under any contract made with himself. Such a claim would be preposterous. We understand the contention of counsel for the appellee Harding substantially to be that, prior to the organization of the land company, the promoters of the corporation and enterprise, Smith, Wick and Harding, determined to purchase the land, construct the building and then organize the corporation, and make the requisite conveyance and transfer to it; and that in pursuance of this purpose the legal title was taken in the name of Harding, and that he became a
It has not seemed to us that it is essential we should determine whether certain attorneys had the right to appear for the land company, because we are unable to see that any practical benefit would result should we do so. So much of the decree of the district court as gives
Modified and Affirmed.